In the case of Ashwini Sanjay Babar v. State of Maharashtra ( Criminal Bail Application No. 364 of 2023 ), it was observed by Justice SM Modak that it was objectionable to morals and human rights that a one-year-old girl had been sold by her mother. The court stated this when giving bail to the lady who was accused of purchasing another woman’s daughter.
FACTS OF THE CASE :
The woman was charged with violating IPC Section 370 (purchasing someone as a slave), Juvenile Justice (Care and Protection of Children) Act Section 81, and Section 39 of the Maharashtra Money-Lending (Regulation) Act 2014.
The complainant stated that she needed money because her husband was in jail. As a result, she got a loan from the applicant and her husband in exchange for her daughter’s custody. She paid back the debt, but the applicant wouldn’t return her daughter. The accused couple were found to not possess a money lending licence as well.
After the applicant was taken into custody, the investigation was finished. While her spouse and another co-accused were released on bail, the trial judge twice denied her request for bail. The complainant’s daughter is currently living with her parents, the court observed. Additionally, the applicant has two minor children whose welfare must be taken into account. The applicant need not be held until the trial is over, the court ruled, because it is unknown when it will begin and end.
The accused individuals were found to have taken the complainant’s daughter into custody in a “sin on humanity,” according to the court.
In the words of Justice SM Modak,
“We are in the 21st Century, still there are incidents wherein the girls are treated as commodities and they have been used as a medium for financial benefits. It is highly objectionable to the principles of morality and human rights that a girl of one year is being sold by the natural mother. “
According to the court, the mother sold the child because she needed money. “I suffer greatly whenever the word “sale” is uttered. The sad truth of life is that she needs money because her husband is a bartender, but on the other hand, her own mother committed this atrocity.”
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JUDGEMENT REVIEW BY SREYA MARY.